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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 44,325,810 and KRW 44,325,740 from January 28, 2008 to May 1, 2008.
Reasons
1. According to Gap evidence 3-1 and 2- Each judgment on the cause of the claim, the plaintiff filed a lawsuit against the defendants as Busan District Court 2008Da54569, Nov. 25, 2008. The above court held that "the defendants jointly and severally filed a lawsuit against the defendants for the claim for indemnity, etc." on Nov. 25, 2008, "the defendant shall pay to the plaintiff 44,325,810 won with 17% per annum from Jan. 28, 2008 to May 1, 2008, and 20% per annum from the next day to the date of full payment." The above judgment is acknowledged to have been served on the defendants on Dec. 24, 2008 and confirmed on Nov. 8, 2009.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 4,325,810 won with 44,325,810 won and 44,325,740 won with 17% interest per annum from January 28, 2008 to May 1, 2008, and 20% per annum from the next day to the day of full payment. Since the period of extinctive prescription of claims based on the final judgment is 10 years, the interest in the lawsuit of this case exists for the extension of extinctive prescription.
2. Judgment on the Defendants’ assertion
A. The summary of the Defendants’ assertion 1) The Defendants filed bankruptcy and application for immunity with the Daegu District Court, and Defendant A received grant of immunity on December 11, 2015, and Defendant B, January 12, 2016, and thus, the Plaintiff’s claim is without merit. 2) The Defendants’ claim as to the gist of the Plaintiff’s claim omitted the entry of the instant claim in bad faith in the obligee’s list at the time of application for bankruptcy and exemption. Therefore, the effect of immunity is not extended.
B. On April 7, 2015, the Defendants rendered the respective bankruptcy and application for immunity to the Daegu District Court 2015Hadan1399, 2015 Ma1399, 1399 (Defendant A), 2015Hadan1400, and 2015 Ma1400 (Defendant B). The lower court determined that each of the instant claims was exempted from immunity. The Defendants omitted the entry of the instant claims in each of the creditors’ list, may be recognized by each of the following: (a) there is no dispute between the parties; or (b) there is no dispute between the parties; and (c) there is no evidence 4-3 and evidence 5-3.
Article 566 subparagraph 7 of the Debtor Rehabilitation and Bankruptcy Act.